10/Jun/1999 - Current (at 31 Dec 2005)
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    14. Interim licence

    (1) Where a licensed auctioneer is, or will be, incapacitated by reason of illness or other sufficient cause an application may be made to the court in which his licence was granted for the suspension of that licence and the grant of an interim licence to the person named in the application authorizing the person so named to sell by auction on behalf of that licensed auctioneer and to act as, and carry on the business of, an auctioneer on his behalf within the limits of the licence held by that licensed auctioneer or to such lesser extent as the magistrate may order.

    (2) An application for an interim licence may be made

    (a) by the licensed auctioneer;

    (b) by the firm or corporation specified in the licence as that for the benefit of which it is to be used; or

    (c) if he is able to satisfy the court that he is acting on behalf of and with the consent of all parties named in the licence sought to be suspended, by the person seeking to be granted the interim licence.

    (3) On payment of the prescribed fee, and on being satisfied that the proposed interim licensee is a fit and proper person to hold a licence, that the licensed auctioneer is or will during the relevant time be incapacitated, and that no other circumstances make it undesirable the magistrate may grant an interim licence, subject to such conditions, limitations or restrictions as he thinks fit.

    (4) Subject to subsection (5) an interim licence remains in force for such period or periods, not exceeding 3 months in the aggregate, as is or are specified in that licence, and may be renewed from time to time.

    (5) Where the auctioneer's licence to which it relates is surrendered or cancelled, or is suspended otherwise than pursuant to an application made for the purposes of this section, an interim licence shall be deemed to have expired at the same time.

    (6) During the period an interim licence is in force the auctioneer's licence to which it relates shall be suspended, but the licensed auctioneer shall nevertheless be personally liable and responsible for any act or default of the holder of the interim licence in the same manner and to the same extent that he would have been liable had such act been done or such default made by him.



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.